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  MIG Update – January 5, 2026

Psych Condition Warrants MIG Removal

Welcome to the first MIG Monday of 2026! This week’s review is a MIG escape case in which the Tribunal considered whether a formal psychological diagnosis is required for removal from the MIG, or whether an accident-related psychological condition is sufficient.

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Chan v. BelairDirect Insurance Company (24-001055), Samson KS Chan was involved in an accident on July 16, 2022 and sought entitlement to two Treatment Plans for physiotherapy services and psychological assessment totaling $6,269.56. He submitted that he should be removed from the MIG as he suffered from psychological impairments and chronic pain as a result of the accident.

Chan relied on the proposed OCF 18 for a psychological assessment dated March 20, 2023 by Dr. Sharleen McDowall who noted various symptoms including deterioration of sleep, nightmares related to the accident, anxiety, vehicle avoidance and being less social. Further the physiatry recommendation by Dr. Wong May 2023 to continue taking Paxil to control anxiety and note from June 2023 that his stress had become worse.

Chan’s also submitted a prescription summary which included Paroxetine, Duloxetine, Clonazepam and Quetiapine, which all addressed mood disorders and psychological symptoms, which he was not taking prior to the accident.

He further points to the June 2024 psychological IE opinion of Dr. Saunders noted that based on his “above-average level of stress” results during the MMPI-3 test that he is likely to have significant anxiety and significant anxiety-related problems.

Belair relied on the IE report of psychologist Dr. Saunders dated June 2024 which indicated Chan’s return to more than pre-accident hours of work, having resumed shared duties at home and being independent in all self-care. More specifically, Dr. Saunders concluded that behavioural symptoms and actions could affect an overall diagnosis, despite emotional symptoms. Dr. Saunders further noted that Chan’s accident-related condition was notable for minimal elevations that did not meet the clinical criteria for impairment, which was inconsistent with the injuries listed in the disputed Treatment Plan for psychological assessment.

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The Tribunal found:

• • The prescription medications for Chan’s psychological symptoms first appeared on his prescription summary in October 2022, and there were no such prescriptions listed in the year preceding the accident.
    
  • Chan’s abilities to work more than he did prior to the accident, to assist with housekeeping duties, and to care for himself, were not determinative of whether he should be removed from the MIG based on a psychological condition.
  • “ I further find that, although Dr. Saunders did not diagnose the applicant with a psychological impairment, he did make the following findings based on the results of psychometric testing, the first two of which he determined were valid in accordance with validity measures:
    

i. The applicant is likely to have significant anxiety and significant anxiety-related problems (MMPI-3).

ii. He reports problems with elevated or variable mood, and experiencing a degree of anxiety and stress, although Dr. Saunders indicates this degree of worry and sensitivity was within normal range (Personality Assessment Inventory).

iii. Test results on the Multi-Dimensional Anxiety Questionnaire indicated elevations consistent with significant anxiety.

• A psychological diagnosis is not required to be removed from the MIG. Rather, the applicant may be removed from the MIG based on an accident-related psychological condition.
• “Considering that the applicant’s psychometric testing results indicated significant anxiety, the applicant’s reporting of accident-related anxiety to Dr. Wong, to Dr. McDowall and to Dr. Douglas (sic), and the fact that the applicant began taking prescription medications for psychological symptoms after the accident, I find that there are grounds on which to believe that a condition exists that would warrant further investigation by way of an assessment.”

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